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(영문) 인천지방법원 2018.01.19 2017노3871
사기
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.

except that this shall not apply.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, one year and six months of imprisonment, and eight months of imprisonment) is too unreasonable.

2. After the Defendants shared their roles, they committed the crime of acquiring systematic loans by taking advantage of the system for lending employee full-time loans to homeless workers by using relevant documents, such as a false lease agreement.

In the event that the damage is not recovered due to these crimes, the loss caused by such crimes must be ultimately appropriated for the national tax, and the damage caused by such crimes can return to the people. It is not good to commit such crimes in terms of the fact that the defendant A, by deceiving the victim D, commits the fraud of 2.5 million won by deceiving the victim A.

In consideration of these circumstances, the Defendants’ criminal liability is not weak.

However, the Defendants recognized the crime of this case for the first time, against their mistake, and were detained for a considerable period of time in this case, and seems to have been given an opportunity for reflective and self-esteem.

As a result of the defendants' efforts to recover damage, loans have been repaid in the first instance, and the defendant A deposited the total amount of money acquired by deceit for the victim D.

Property profits directly acquired by the Defendants from the instant crime are significant compared to the total amount of the crime.

shall not be deemed to exist.

Defendant

In the case of A and C, there is no criminal record exceeding the same criminal record and fine, and in the case of Defendant B, it is necessary to determine the punishment in consideration of equity in the case of concurrent crimes between the criminal record of habitual gambling and the crime of concurrent crimes after Article 37 of the Criminal Code.

The defendants are in a position to support their families including minor children, and their dependents are likely to suffer serious economic difficulties due to their detention.

In addition to these circumstances, the Defendant’s age, sex, environment, and age.

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